11 seconds ago 2009-11-10T01:43:43-08:00
Sen. Jeff Sessions set a polite but demanding tone for Republicans in his opening questions this morning, keeping an steady temperament while essentially accusing Sotomayor of camouflaging a liberal agenda.
The Republican from Alabama -- the new senior Republican on the committee -- showed he's not ready to wave a white flag of surrender despite conventional wisdom that Sotomayor's confirmation is all but locked up.
Known as a friendly, unassuming senator, Sessions went out of his way to preface critical questions with an explanation of why the debate is important. But there was no doubt that his aim was to establish that Sotomayor allows personal biases to influence her decisions.
He largely used her own comments to make his case.
"I think it's consistent in the comments I've quoted to you and your previous statements that you do believe that your background will ... affect the result in cases, and that's troubling me," he told her. "That is not impartiality."
Although neither lost their temper, it was clear that both Sotomayor and Sessions were well-prepared for a contentious conversation. When Sotomayor said that her "wise Latina" comment "fell flat" and was not a reflection or her approach as a judge, Sessions pointed out that she made similar comments several times over a decade and that her answers today seemed contradictory to those speeches.
-Ben Evans, AP Washington reporter who covers the Alabama delegation
(CORRECTION: This version corrects the second paragraph to delete incorrect reference to Sessions being "a former judge.")
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Sotomayor's 'friends' around the world
Tues Jul 14, 12:41 pm ET
Most of the buzz around Sotomayor is in the United States. Not surprisingly, she also has plenty of "friends" in Puerto Rico and elsewhere in Latin America.
Several pages dedicated to her confirmation have sprouted up on Facebook, and people from around the planet are joining. One page, "Confirm Sotomayor," had more than 24,300 fans as of midday Tuesday.
Some of the countries represented: Antigua, Argentina, Australia, Brazil, Britain, Canada (loads), Colombia, Cuba, Denmark, Dominican Republic, France, Ghana, Ireland, Italy, Japan, Panama and Thailand.
Another popular Facebook page, "I Stand With Sotomayor," is peppered with wall posts from non-Americans.
"The significance of Judge Sotomayor being nominated is to set a precedent, a foundation for future candidates to be selected regardless of race," says Goh Weida of Singapore. "Go Sonia, go! Show 'em what you've got!"
-William J. Kole, AP bureau chief, Vienna
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Tues Jul 14, 12:37 pm ET
If you're addicted to the hearing, don't plan on a movie tonight -- at least on the East Coast. Chairman Patrick Leahy said during the break that the hearing may go into the evening. There have been many baseball references because of Sotomayor's role in ending a bitter baseball strike. So the question is, will the hearings end tonight before the all-star game?
-Larry Margasak, AP reporter, Congress
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Tues Jul 14, 12:34 pm ET
Hey, who better to judge the judging of a judge than a judge? Especially a chief judge. That's what happened this morning when Judge Sonia Sotomayor's colleague on the 2nd U.S. Circuit Court of Appeals in Manhattan attended the proceedings.
Chief Judge Dennis Jacobs liked what he saw. "She's holding her own. She's under polite attack. ... I'm impressed with her performance in it. " Later, he added: "I don't think you can tell what kind of stress she must be under."
-Larry Neumeister, AP federal court reporter, New York
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Sneak peek: What our reporters are working on
Tues Jul 14, 12:31 pm ET
Here's something you won't see anywhere else for a few hours. AP reporter Nancy Benac is working on a story about how Sotomayor is handling the first day of questions. She's going to file it later today. But we wanted to give you a sneak peek.
WASHINGTON (AP) -- Sonia Sotomayor drew circles on her paper and ran circles around her past statements.
During the most intense questioning, the Supreme Court nominee had a habit of picking up a pen in her right hand and taking notes, frequently with a flourish of loops and circles.
"I didn't intend to suggest ..." she explained.
"What I was speaking about ..." she offered.
"As I have tried to explain ..." she
"I wasn't talking about ..." she demurred.
Sometimes she proved a tough critic.
"I was using a rhetorical flourish that fell flat," she averred.
"It was bad," she said of her own words.
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The long-term effects of 'wise Latina'
Tues Jul 14, 12:28 pm ET
After Sen. Sessions and Judge Sotomayor battled over her "wise Latina" comment this morning, we asked Jesse Washington, AP’s race and ethnicity writer, about the long-term effects of the controversy.
Q: Will the criticism of Sotomayor serve to silence some minority professionals from talking about how their culture influences them in their career?
A: In corporate America, probably not. Many of the nation’s biggest companies believe that increased diversity helps them understand their customers, develop new approaches and do better business. What this controversy could do is advance the concept that race or ethnicity should never be a factor in the government’s actions or decisions -- something that many minorities believe is unfair due to continuing inequities that are “baked into” today’s society. That concept also is percolating in recent Supreme Court decisions, like the New Haven firefighters case, and will inevitably be confronted at some point.
Q: After the euphoria surrounding Obama’s election, is the furor over these comments a step backward for race relations?
A: It’s more a sign of how race relations are evolving. Sotomayor’s opponents are essentially saying she would be unfair to white men. When in American history has a Hispanic woman been in a position to oppress the most powerful group in the nation?
Q: How does this relate to the concept of a colorblind society?
A: America has yet to agree on whether we want a colorblind society or a color-inclusive society. Should there just be one homogenous “American culture”? Or do the different traditions, beliefs and experiences that Americans have brought here from around the world create something valuable?
Q: Is it unfair to expect Sotomayor and other minority pioneers in certain fields to be silent about how their culture influences them?
A: Yes -- although the problem is that white people, men in particular, are not allowed that same opportunity. Until we can figure out if “American culture” means “white culture” or something new, this problem will remain.
-Michael Giarrusso, AP regional news director
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Tues Jul 14, 12:24 pm ET
GOP Sen. Orrin Hatch to Sotomayor: "You're under a lot of pressure here."
But if the judge is feeling any pressure, it sure doesn't show. She looks composed as she answers questions.
Democratic Sen. Diane Feinstein complimented Sotomayor on her composure at the hearing and said: "If there's a test for judicial temperament, you pass it with an A-plus-plus."
-Larry Margasak, AP reporter, Congress
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Your question answered: Are the other justices watching?
Tues Jul 14, 12:15 pm ET
We were asked this on Twitter from @Stowydad: "Do you suppose Judge Sotomayor's would-be colleagues on the high court are watching hearings, too?"
Here's our answer: The Supreme Court is on summer break and justices are likely fanned out across the country enjoying their time off. Of course, some may be tuning in to find out where the woman who likely will become their next colleague stands on a host of issues. But if the justices aren't glued to the screen, you can be certain they have law clerks taking detailed notes for them.
-Liz Sidoti, AP reporter, politics
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Checking the facts on Sessions' judge shout-out
Tues Jul 14, 12:02 pm ET
Sen. Jeff Sessions, R-Ala., tried to use the words of U.S. District Judge Miriam Cedarbaum against Sotomayor. He said Cedarbaum "believes that a judge, no matter what their gender or background, should strive to reach the same conclusion. And she believes that's possible." Sessions said Sotomayor disagreed with that.
But, we talked to Cedarbaum during a brief break. She told us that she's totally in Sotomayor's corner for her nomination, calling her a "bright, brilliant, serious, totally even-handed judge."
When Sotomayor first became a judge, Cedarbaum said she became her mentor. "We are very close friends, and I don't believe for a moment that there is a difference in our forms of judging," she told us. "I think she will be a great addition to the Supreme Court."
-Jesse J. Holland, AP reporter, Supreme Court
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Closed-caption options for Sotomayor hearing?
Tues Jul 14, 12:00 pm ET
Twitter user @oboefae asks: Do you know of any streams of the confirmation hearings that include subtitles or closed captioning?
If you have a TV with cable, you can watch C-SPAN 3, which has live coverage of the hearing with closed captioning
If you're looking for a Web feed, seems like you're out of luck. But the second-best option is probably C-SPAN's live video feed, which includes a written summary of what's going on. At the end of each day, you can also check out the Judiciary Committee site to get today's statements if you'd like to see what you missed.
Are you a bit wonky? Find out more about closed captioning from the government here.
Did we miss a live-captioned feed? @reply us the link to us on @AP_Courtside.
-Beth Davidz, AP reporter, Washington
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Tues Jul 14, 11:47 am ET
Sotomayor says the right to abortion is settled precedent.
She told the Judiciary Committee that "there is a right of privacy. The court has found it in various places in the Constitution."
The nominee said this right is stated in the Fourth Amendment protections against unreasonable search and seizure and in the 14th Amendment guaranteeing equal protection of the law.
Roe vs. Wade? She declined to say directly if she agreed with the high court's precedent on this volatile issue.
As a federal judge, Sotomayor has not ruled in any cases that squarely confronted the right to abortion.
As an appeals court judge, she dismissed a challenge to the so-called global gag rule, deciding against an abortion rights group. But in her opinion she used the phrases "anti-abortion" and "pro-choice," typically used by the abortion rights side.
-Ron Fournier, AP Washington bureau chief
(This version corrects that Sotomayor said abortion is settled precedent, not settled law.)
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Tues Jul 14, 11:41 am ET
Sen. Jeff Sessions set a polite but demanding tone for Republicans in his opening questions this morning, keeping an steady temperament while essentially accusing Sotomayor of camouflaging a liberal agenda.
The Republican from Alabama -- the new senior Republican on the committee -- showed he's not ready to wave a white flag of surrender despite conventional wisdom that Sotomayor's confirmation is all but locked up.
Known as a friendly, unassuming senator, Sessions went out of his way to preface critical questions with an explanation of why the debate is important. But there was no doubt that his aim was to establish that Sotomayor allows personal biases to influence her decisions.
He largely used her own comments to make his case.
"I think it's consistent in the comments I've quoted to you and your previous statements that you do believe that your background will ... affect the result in cases, and that's troubling me," he told her. "That is not impartiality."
Although neither lost their temper, it was clear that both Sotomayor and Sessions were well-prepared for a contentious conversation. When Sotomayor said that her "wise Latina" comment "fell flat" and was not a reflection or her approach as a judge, Sessions pointed out that she made similar comments several times over a decade and that her answers today seemed contradictory to those speeches.
-Ben Evans, AP Washington reporter who covers the Alabama delegation
(CORRECTION: This version corrects the second paragraph to delete incorrect reference to Sessions being "a former judge.")
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Tues Jul 14, 11:37 am ET
Fun facts about Orrin Hatch:
-He's a songwriter and musician. He plays the piano, violin and organ. His song "Heal Our Land" was performed at George W. Bush's January 2005 inauguration.
-He's a Mormon. He has a painting of his great-grandfather, Jeremiah Hatch, entering Utah's Ashley Valley in 1878. The Hatches helped found what is now Vernal.
-He's not a fan of college football's Bowl Championship Series, or BCS. He's asked the Justice Department to investigate whether that format violates antitrust laws. Hatch would prefer to see a playoff system. Why? It might have to do with the fact that the University of Utah was bypassed for last year's national championship despite going undefeated in the regular season.
-When it comes to Sotomayor, Hatch is one of the senior Republicans on the Senate Judiciary Committee, and fought with Democrats over their filibusters of President George W. Bush's lower court judicial nominees. He's also one of the more conservative senators on the panel, but he has been known to work with Democrats on issues when it suits his purpose.
-Jesse J. Holland, AP reporter, Supreme Court
Sen. Orrin Hatch (AP Photo/J. Scott Applewhite)
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Inside the hearing room: What you can't see
Tues Jul 14, 11:35 am ET
The crossover: GOP Sen. Orrin Hatch crossed over to the Democratic side! Just to talk to Sen. Kaufman, though. He also got a quick back-slap and a couple of words with Sen. Al Franken as Franken headed out of the room.
Talking points: The Judiciary Committee's Democratic aides are passing out paperwork to reporters refuting Sen. Sessions' questions of whether Sotomayor would be fair on the court. It quotes the Congressional Research Service and Supreme Court expert Tom Goldstein.
What is Sotomayor writing? We'd guess she's writing down the senator's questions so she won't forget their point when it's time for her to answer. But she looks at her notebook sparingly, mostly keeping the palms of her hands on it as she ad libs, looking right back at the senators.
Senator crib notes: The Senators are using notes more heavily. They also have paper in front of them, with questions prepared by their staffs. The senators' paper is not visible because there's a short rise in front of them. But watch them looking down often as they ask questions.
Gulp: Senators can wear out their voices with long questioning and drink plenty of water that is placed in front of them by staff. Sotomayor finished one answer too quickly for Sen. Herb Kohl. He had just started to pick up his water glass, and had to quickly gulp it down to ask the next question.
Paging security: You can't see them on television, but the back wall is filled with Capitol police and Senate aides. We count five uniformed Capitol police officers in sight, with more waiting outside in case someone wants to interrupt the hearing like protesters did yesterday.
Any questions on what's going on inside the hearing room? @reply your questions to @AP_Courtside on Twitter.
-Jesse J. Holland, AP reporter, Supreme Court, and Larry Margasak, AP reporter, Congress
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Tues Jul 14, 11:33 am ET
We asked you to react to our post on Sotomayor's fashion double-take. Was it worth writing that she wore the same suit Monday and a month ago? Your answer: no. A sample of your Twitter responses to @AP_Courtside below.
In the meantime, AP Washington reporter Alan Fram made this observation: "Notice Sonia wore blue yesterday, red today -- a sartorial appeal to both parties?" We liked it.
@melissa75240: If Fashion ends wars and saves lives, then maybe. Obviously we know the answer to that question. Leave that up to TMZ.
@john_the_rev: seriously? lagerfeld vs justice upheld? we care about how she THINKS, not how she dresses.
@elfortney: Personally I'm more concerned with substance than style. She doesn't have to be supremely fashionable. #Sotomayor #sotoshow
@trueslicky: No. Please don't waste our time dissecting #Sotomayor's fashion. Please.
@PeartreeHillBex: Except 4 NY Socialites & those who get free clothes, it is no big deal to wear nice suits more than once. Sotomayor is fine.
@margohchanning: Darlings, Ms. Sotomayor's fashion sense should not be a hot topic, she'll be wearing a simple black gown most of the time.
@YourPeter: In addition to not caring about what Sotmayor wears, I don't care what time she woke up and what she ate for breakfast.
-Beth Davidz, AP reporter, Washington
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First Hispanic justice? Depends
Tues Jul 14, 11:26 am ET
Justice Benjamin Cardozo may be one of Sotomayor's idols but he may have taken one of her titles from her: first Hispanic on the Supreme Court.
Cardozo was nominated to the court by President Herbert Hoover in 1932. He was a member of a family of Sephardic Jews who claimed Portuguese heritage. Some definitions of Hispanic include Portugal and Portuguese-speaking cultures. Others don't.
One thing is clear, Judge Sotomayor would be the first Latina on the Supreme Court.
-Jesse J. Holland, AP reporter, Supreme Court
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Recount? Not for Sotomayor in Bush vs. Gore
Tues Jul 14, 11:11 am ET
When it comes to the historic Bush vs. Gore decision, this Supreme Court nominee needs no recount. Sotomayor carefully avoided taking sides in the ruling that tilted the 2000 presidential election to George W. Bush.
But she did say that "some good came from the decision." It's a remark that might not sit well with Democratic activists who believe the election was stolen by Bush.
Sotomayor explained the ruling led to state election reforms and demonstrated contentious disputes can be settled between government branches through the legal system. "That is a tribute to the greatness of our American system," she said.
-Ron Fournier, AP Washington bureau chief
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Tues Jul 14, 11:08 am ET
Sotomayor seems more than comfortable with all the sports analogies popping up in her confirmation hearing -- particularly all the baseball talk. She's also easily fielding the softballs, fastballs and curveballs senators are throwing at her.
It's no wonder.
She grew up near Yankee Stadium and loves the Yankees. So who better to call the balls and strikes in the strike that wiped out the 1994 World Series? As a U.S. district judge, she issued an injunction against team owners on March 31, 1995, ending the 7 1/2-month dispute.
"You can't grow up in the Bronx without knowing about baseball, particularly from a family where their claim to fame is that every member of it has a different team that they have rooted for," she said at the time. "Unwillingly, I have been drafted onto the deck of this field with those of you watching out there, waiting for one of those small moments to happen. I personally would have liked more time to practice my swing."
In announcing her nomination to the Supreme Court, President Obama said her decision showed "a swiftness much appreciated by baseball fans everywhere. ... Some say that Judge Sotomayor saved baseball."
-Larry Margasak, AP reporter, Congress
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Tues Jul 14, 11:04 am ET
Nobody loves the umpire. Well, nobody except Supreme Court nominees.
Chief Justice John Roberts famously testified in his confirmation hearings that he considers himself an umpire merely calling balls and strikes. Critics would say he's moved the strike zone to the right.
Now up to bat: Sonia Sotomayor, who famously ended the baseball strike in 1995.
"Few judges," she said, "can say they love baseball more than I do." Sotomayor suggested that a judge, like a baseball umpire, be impartial and bring an open mind to the job. "Applying the law to the facts at hand," she said. "That's my definition of judgment."
What's the back story here? Simply this: Republicans want to cast Sotomayor as a liberal judge who will create new policy and laws from the bench -- the equivalent of an umpire throwing a game with biased calls. Not so, says Sotomayor. She just calls 'em as she sees 'em.
-Ron Fournier, AP Washington bureau chief
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Tues Jul 14, 10:50 am ET
Sessions vs. Sotomayor: Neither side gave an inch. In the early round, it looks like Republicans won't put a dent in the nominee's composure. Committee Chairman Patrick Leahy interrupted ranking Republican Jeff Sessions at one point to say he disagreed with one of the GOP senator's comments. But it looks like Sotomayor doesn't need any help.
At times Sessions and Sotomayor gave each other other forced smiles but the sparring was intense.
Seconds after Sessions finished, Leahy announced he was inserting into the record the very favorable reports from bar associations and the Congressional Research Service. Each side is trying for every possible advantage.
-Larry Margasak, AP reporter, Congress
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Tues Jul 14, 10:45 am ET
No issue scares Democrats more than gun control. Republican claims that then-President Clinton and his fellow Democrats would erode the 2nd Amendment led to big GOP gains in the 1994 midterm elections. That defeat made guns a third-rail issue for the next generation of Democrats.
And into this briar patch walks Sonia Sotomayor. Early in her testimony, she tried to reassure senators that she would not take any "preconceived notions" about gun rights to the Supreme Court if confirmed as a justice.
Her proof point? "One of my godchildren is a member of the NRA," Sotomayor said. "I have friends who hunt." She also said that as a member of the high court bench, she would feel constrained by precedent, if the Supreme Court has already spoken on an issue. The high court earlier this year reaffirmed the right of people to own a gun for self defense.
-Ron Fournier, AP Washington bureau chief
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Sotomayor on guns: Where does she stand?
Tues Jul 14, 10:38 am ET
The nominee was grilled by Republican Sen. Jeff Sessions on guns today. A look at her record on the issue:
Rejecting a challenge to a New York state law banning possession of "chuka sticks," Sotomayor said she was bound by a 19th century Supreme Court ruling that said the Second Amendment does not apply to state laws that limit weapons possession. She noted that the justices, in ruling last year that individuals have a constitutional right to possess guns for self-defense, left open the question of whether the ruling would apply to state and local gun control laws. She said it is up to the high court, not other judges, to make that decision.
-Mark Sherman, AP reporter, Supreme Court
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